20060385 Ver 1_Other Agency Comments_20060503

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
Sam Nunn Atlanta Federal Center
`D?r,? aAa?g 61 Forsyth Street, S.W.
Atlanta, Georgia 30303 - 8960
April 28, 2006
Colonel John E. Pulliam
District Engineer
ATTN: Mr. David Baker
U.S. Army Corps of Engineers
Wilmington District
151 Patton Avenue
Asheville, North Carolina 28801
SUBJECT: Forge Cove Lake
Action ID: 200630708
Dear Colonel Pulliam:
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MAY 3 2006
L;Ef*, rut±6k QUALITY
WETLANDS AND STaRMWATER BRANCH
This letter is in reference to the application by Forge Cove, LLC described in the above
referenced Public Notice (PN) dated March 28, 2006. The applicant is proposing to construct a
27-acre amenity lake as part of a 424-acre residential development, adjacent to Pisgah National
Forest in Transylvania County, North Carolina. The proposed lake will place fill 500 linear feet
of stream for the dam footprint and will flood an additional 6,555 linear feet of stream. The
applicant proposes to mitigate for the project impact with on-site preservation of 13,680 linear
feet of stream channels and 985 linear feet of on-site restoration. They also propose an
additional 929 linear feet of off-site stream restoration or payment into the North Carolina (NC)
Ecosystem Enhancement Program along with the establishment of a 25 foot buffer around the
created lake and preservation of a 0.082 acre on-site wetland. The Environmental Protection
Agency (EPA) has reviewed the project information contained in the PN and has the following
comments on the proposed project.
In general, the EPA is concerned with projects proposing the placement of structures on
flowing streams for the creation of amenity ponds/lakes. Although flooding of flowing waters
does not eliminate aquatic habitat, it converts stream habitat to open water which results in a
discontinuous aquatic habitat which supports different communities of aquatic flora and fauna
and disrupts the transport of sediment, organic carbon and aquatic species. One of the streams
which will be flooded by the proposed project, Osborne Branch, supports a breeding. population
of southern Appalachian brook trout. Brook trout are the only native trout in the region and. have
seen large historic declines in their range due to their sensitivity to habitat deterioration and
competition from introduced trout and other fish species. We are especially concerned with an
impoundment on a stream which supports a trout population, particularly on a stream with a
viable, reproducing brook trout population. The applicant is proposing to maintain the brook
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trout population in the impoundment that is created. We agree with the concerns of the U.S. Fish
and Wildlife Service and the NC Wildlife Resources Commission over the likelihood of the
created impoundment to be able to sustain a breeding population of brook trout. We also support
the discussions of the wildlife agencies and share their concerns that the proposed impoundment
may have a detrimental effect on the brook trout population in this aquatic habitat.
We also believe the project purpose ("to provide an approximate 27-acre lake as a
recreational amenity to the subdivision") is too narrowly defined. The basic project purpose
should be more broadly defined to reflect the generic function of the activity and not so narrow
as to eliminate other viable alternatives. We are concerned that an amenity lake, which would
severely impact a native brook trout population, would be necessary for the development of a
high-end residential community in the mountains of North Carolina. The applicant should
provide the documentation (i.e., economic information) that supports the project's
impracticability of building the development without the proposed amenity lake.
The EPA appreciates the opportunity to comment on this project. Due to the significant
impact this project will have on the native brook trout population in Osborne Branch, we believe
the project, as proposed, is not approvable at this time. If you have any questions regarding
these comments, please contact Becky Fox at [phone] or fox.rebecca@ epa.gov.
cc: USFWS, Asheville
NCDWQ, Raleigh
NCDWQ, Asheville
NCWRC, Waynesville
Sincerely,
cc List:
cc: Ms. Cyndi Karoly
NC Division of Water Quality
1650 Mail Service Road
Raleigh, North Carolina 27699-1650
Mr. Kevin Barnett
NC Division of Water Quality
2090 US Highway 70
Swannanoa, North Carolina 28778
Mr. Brian Cole
US Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801-1082
Mr. Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
NC Wildlife Resources Commission
20830 Great- Smoky Mountain Expressway
Waynesville, NC 28786